The court holds that an electric utility company that was a 70% owner of a nuclear power plant in Iowa can deduct 15 years' worth of Energy Policy Act (EPACT) assessments in the tax year that the liability was determined. In 1992, Congress enacted the EPACT, which established a fund for the decontam...

The court dismisses for lack of jurisdiction a city's interlocutory appeal in a citizen suit brought by an environmental group alleging Clean Water Act and Clean Air Act violations by the city. A district court signed and entered the city's proposed order for an interlocutory appeal, and the parties...

The court dismisses a mining association's action challenging U.S. Department of the Interior (DOI) regulations concerning the use of a computerized database programmed to identify links between surface mining permit violators and applicants, individuals, and corporations. The association argued tha...

The court dismisses on res judicata grounds Native American tribes' claim that they did not have to provide pulp and paper mills with documents concerning the tribes' regulation under the Clean Water Act of the mills' wastewater discharge into rivers flowing through the tribes' reservations. After t...

The court dismisses for lack of subject matter jurisdiction a suit against a trucking company by an individual that alleged he suffered permanent physical injuries as a result of transporting hazardous waste for the company. The individual asserted federal question jurisdiction on the ground that hi...

The court holds that an environmental group's challenge to a U.S. Army Corps of Engineers' shoreline management plan is for the most part moot, but where there is a live controversy concerning the legality of boat docks constructed under the management plan, the Corps acted arbitrarily and capriciou...

The court vacates a preliminary injunction enjoining a New York town from proceeding with its condemnation action against a landowner. The city sought to condemn the landowner's property as part of its redevelopment plan for the city's downtown and waterfront area. The owner argued, and a district c...

The court dismisses on ripeness grounds a conservation group's claim that the U.S. Forest Service violated the Endangered Species Act (ESA) by failing to carry out certain conservation programs in its management of the Medicine Bow National Forest in Wyoming. Specifically, the group argued that by a...

The Tenth Circuit affirmed a lower court decision dismissing environmental groups' claims challenging a proposed settlement agreement between Utah and the Bureau of Land Management (BLM) concerning the agency's inventory, classification, and management of certain types of BLM and state trust lands. ...

The D.C. Circuit reversed and remanded a Federal Energy Regulatory Commission (FERC) order allowing states to regulate the reimbursement of "headwater benefits" from downstream hydropower plants to upstream dam operators. To enable upstream firms to recoup part of the cost of conferring headwater be...